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tv   Nancy Grace  HLN  December 6, 2009 1:00am-2:00am EST

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tonight, windermere, florida, superstar golf phenomenon, tiger woods, leaving his home 2:00 a.m. -- repeat, 2:00 a.m. -- after thanksgiving day celebrations, drives out of his multimillion-dollar compound and has a head-on collision, a major smash-up, with a tree, and a fire hydrant? his young wife, mother of his two children, reportedly hears the crash from inside the house, runs out, and beats out both back windows of woods' cadillac. but now woods refusing to talk to police, not once, not twice,
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but three times. and why? why did a neighbor have to call 911? we have the 911 call. in the last hours, woods pulling out of his own golf tournament as rumors of an affair, an alleged affair between tiger woods and a nightclub hostess, hit the newsstand just a few hours before the so-called crash. all that money, all those trophies, he's the first athlete to surpass $1 billion in earnings. what really happened to tiger woods? 911, what is your emergency? >> i have -- this is our subdivision. i need an ambulance immediately. i have someone down in front oi my house. they hit a pole. >> it is a car accident, sir? sir, it is a car accident? hello. sir.
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hello? >> hello. yes. >> is it a car accident, sir? >> it's a car accident. yes, i need, yes. >> the world's greatest golfer choosing to say nothing about his friday suv crash. police now being told that he is not talking to them. >> what happened? what's wrong. >> i have a neighbor, he hit the tree. we came out here to see what was going on. >> there was an auto accident? sni yes. >> my two officers arrived at the scene and noticed tiger woods on the ground, beside the vehicle, with his wife over him rendering first aid. my officers immediately exited their vehicles, went to mr. woods and began rendering first aid to him at that time. >> this situation is my fault, woods says. it's obviously embarrassing to my family and to me. i'm human and i am not perfect. i will certainly make sure this doesn't happen again. and tonight, live, north carolina, a little 5-year-old
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girl vanishes without a trace. mommy tells police she left the girl on the sofa 5:30 a.m. one hour later, the baby's gone. how does a 5-year-old girl go missing from her own sofa? the child wearing nothing but a t-shirt and underwear. shaniya's favorite blanket found discarded, covered in feces in the neighbor's trash. after grainy surveillance video surfaces of a 29-year-old man carrying the child in a local hotel, the search for baby shaniya comes to an end. police find her little body hidden in dense woods. the man, the man in the video, mario mcneill, confesses to taking shaniya to the hotel, but then clams up. in a heart-wrenching and disgusting twist, shaniya's own mother behind bars for selling the little girl for sex. was 5-year-old shaniya's life nothing more than a payment on a drug debt? tonight we learn the mother has
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been moved, moved from her jail cell to another facility for her own safety. are the other inmates threatening to tear her apart? and tonight, in a primetime exclusive, shaniya's father with us live, taking your calls. >> i woke up this morning and my daughter was not in the house. i don't know if she walked out. >> shaniya davis was raped and murdered the day she went missing. >> look at the surveillance tapes. look how sweet she is. and this guy raped her and allegedly killed her, asphyxiating her and dumping her body with deer carcasses? >> sir, you're mario mcneill, you're charged with first-degree murder. in the state of north carolina, that's punishable by the death penalty, life in prison without
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parole. >> my guess is he accidentally killed her while he was raping her. you know, little children are annoying that way. when you rape them, they tend to object. you have to smother them or strangle them. >> i cannot think of a more gruesome way to accomplish murder, and this is just outrageous. >> you guys knew antoinette. how could she just hand the baby over, byron? >> and that's something -- i mean, it's hard to believe a mother would just hand her child over to a complete -- i don't know. >> there may have been the possibility that she owed him money, and there had been thoughts that this -- the child, being handed off to him, may have been some kind of payment. >> more charges will follow. so we can only assume that those charges will also add up on the two people that they have in custody. >> me and everybody loved poor shaniya, my little baby, my
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angel, the strength to continue on. >> good evening, i'm nancy grace. i want to thank you for being with us. tonight, live, windermere, florida, golf phenomenon, tiger woods in a 2:00 a.m. smash-up, after reports hit the newsstands of an alleged affair with a nightclub hostess. his wife reportedly beats out both back windows of woods' cadillac to "save him." but now, woods refusing to talk to police, not once, not twice, but three times. and why did a neighbor have to call 911? we have the 911 call. >> is he unconscious? >> yes. >> can you tell if he is breathing? >> no. i can't tell. >> we do have help on the way. what color is his car? >> it is a black escalate. >> what happened?
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>> is anybody able to open the door. >> is he trapped in the vehicle. >> we don't know what happened. >> he was in and out of consciousness with lacerations to his upper and lower lip. a little bit of blood in his mouth, but he was conscious enough to speak a little bit. >> tiger woods stirring up a lot of attention with his silence this morning for a third straight time, failed to meet with police about the suv crash outside his home. his lawyer now telling the florida highway patrol, woods will not be chatting with them anytime soon. >> his wife came out of the house when she heard the accident, him hitting the fire hydrant. used a golf club, is what we were told, to break out the rear window to gain entrance into the vehicle. removed him from the vehicle and laid him down in the street. >> my wife elin acted courageously when she saw i was hurt and in trouble, woods said. she was the first person to help me. any other assertion is absolutely false.
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>> right now i want to go straight out to our guest on the tiger woods story. first to drew petrimoulx, with wdbo radio. he is joining us near the woods' home. drew, what's the latest? >> the latest is, again, today, tiger woods refused to speak with police about what happened that night. >> why? >> it was the early morning hours after thanksgiving. >> why? >> it's really his right to do that. because it was on private property and because there was no one hurt, and no charges of any wrongdoing, he doesn't have to speak with investigators. >> mr. petrimoulx, pause. i didn't asking you where it happened. i'm just asking, why doesn't he want to talk to police? >> he's really citing his privacy on this. he hasn't said much. the only thing he's issued are statements through his lawyer and on his website and what he's said is he wants to keep his privacy on that.
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his lawyer said that's his right not to speak. right now that's what he's exercising. >> give me the time line, drew, what happened? >> early morning hours after thanksgiving, tiger woods was involved in this crash. about 2:30 he left his house. police aren't sure -- >> whoa, whoa, whoa. nobody knows where he was going at 2:30 a.m.? drew petrimoulx, i have told many a jury, nothing good happens after midnight. all right? so we don't have any idea where he's going at 2:30 a.m.? >> no. like i said, everybody -- that's close to tiger woods -- is being tight-lipped about what happened. but we know what did happen is he hit a fire hydrant, hit a tree. the neighbor called 911 and said he was unconscious. his wife told police she smashed out the back window with a golf club to help tiger woods out and she actually pulled him out and saved him. police showed up. that's basically what we know now. >> to maxine page, senior news editor
1:10 am first of all, how far away from his home was woods when he had a head-on collision with a tree and a fire hydrant? >> it was very close. it was just outside his house. >> i understand it was about two houses away. >> correct. it was a neighbor's house, yes. >> so he was two houses away, but his wife says she heard him hit a tree two houses away, from inside tiger woods' home? >> that's what she says, yes. >> okay. now, she hears the crash, according to her, and she races out with a golf club? >> there's been two conflicting stories. one story she said she ran out and the other story she said she drove a golf cart. she appeared on the scene with a golf club and smashed in the back window of the suv. >> wait, wait, wait. maxine page? >> yes. >> you said two conflicting stories. from where are they coming? who's giving conflicting statements?
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>> she has, elin has, two different statements. she said first of all, that she ran there, and in the second statement she said she was in a golf cart. >> and with her, she happened to bring a golf club? >> very handy, she brought a gulf club with her, yes. >> and maxine page, she beat out the back windows of the vehicle in order to pull him out of the driver's front -- the driver's seat? >> correct. apparently she smashed out the back window, got into the car and pulled him out. >> okay. maxine, one more clarification. it was my understanding she smashed out both back windows, right and left? yes/no? >> yes, correct. >> why? why smash out both windows? >> that's the question. i mean, it seems like excessive force. also to smash the back windows in seemed strange when he was in the front. but yeah, she smashed out both back windows.
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>> okay. maxine page with us from we are taking your calls live. stay with us. >> his wife came out of the house when she heard the accident, him hitting the fire hydrant. used a golf club is what we were told to break out the rear window to gain entrance into the vehicle. removed him from the vehicle and laid him down in the street.
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911, what is your emergency?
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>> this is someone down in front of my house. they hit a pole. >> a car accident, sir? sir, is it a car accident? hello. sir? hello? >> hello. yes. >> is it a car accident, sir? >> yes. >> woods may not be talking to police, but they say they're not through investigating that one-car accident over the thanksgiving weekend. as for the third straight day tiger and his wife elin turned away police who wanted to interview him about it. under florida law, he doesn't have to talk to them. the accident occurred as woods ran his suv over a fire hydrant and then crashed into a tree. >> tiger's minor traffic accident has turned into a match play between the golf phenom and the florida highway patrol. and it's not over yet.
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>> we were the first responding agency under mutual aid, which we have with orange county. when we arrived we had a call of an accident with injuries. my two officers arrived at the scene and noticed tiger woods laying on the ground in front of his vehicle with his wife over him, rendering first aid. my officers immediately exited their vehicles. went to mr. woods, and began rendering first aid to him at that time. >> we are taking your calls live. i want to go to ellie jostad, our chief editorial producer. ellie, exactly what were his injuries? where about the neck, face, the head, the shoulders were the injuries? >> the florida highway patrol is saying on the record only that he was bleeding from his mouth. tiger woods in his own statement said that he had cuts, bruises, and he was very sore. that's all we know about his injuries. >> bleeding from the mouth. ellie, did he have to go to the hospital?
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>> he did go to the hospital. he was treated and released from the hospital. he spent a little bit of time there. they said he was released in under 12 hours. although in the initial police press release, his injuries were described as serious. later they said they weren't as serious as anticipated. >> did his wife go with him to the hospital? >> that is a good question, nancy. i haven't seen any reporting either way on that. >> to drew petrimoulx, did his wife go with him to the hospital? >> you know, i haven't heard any reporting on this, but as many reporters that were staked out at the hospital and at his house, i would imagine that somebody would have seen her go inside of the hospital. but i haven't heard anything direct on that. >> okay. unleash the lawyers. joining us tonight, felony prosecutors, eleanor odum, and lauren lake out of cincinnati, ohio, and veteran defense attorney, trial lawyer peter odom, atlanta jurisdiction. eleanor, i, as you know,
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although i can't play golf, am a huge tiger woods fan. so this is not about tiger woods. what i'm wondering is, was there a police report, such as striking a fixed object? i know if i ran into a fire hydrant and a tree, the police would be talking to me, all right? >> of course they would, nancy. you may very well be charged and it may be handled in traffic court. >> charged? i would have a breathalyzer. i'd be, you know, given my rights. i can't even cash a check at my grocery store without an i.d. so where is the charge of striking a fixed object? >> it's not there. but what's good about this is maybe the florida highway patrol can do some accident reconstruction and really find out some answers to these questions. was he speeding, for instance? what happened? they can do that with some reconstruction. >> joining me right now, a special guest out of columbus, georgia. dr. robert c. cartwright. dr. cartwright, thank you for joining us.
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dr. cartwright, why can't we see the hospital report? there are reasons. >> well, certainly there is the patient and doctor confidentiality issues. not just anyone can see a medical record. and it would have to be released by the doctor of tiger woods or released through a court order. >> dr. cartwright, if we saw the hospital report, would we be able to tell whether the injuries came from, for instance, hitting the steering wheel, hitting the front window, hitting the side of the car? or from some other -- for some other reason? >> well, certainly if you knew exactly where the injuries were occurring, the forehead, the front of the face, that might be more consistent with a steering wheel, or the front windshield.
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tiger woods is in the news. hours after celebrating thanksgiving, tiger woods is involved in an accident. so now there's so many questions, because tiger woods and his wife, elin, will not talk to police officers. and police officers are pursuing this matter. so what gives? >> with questions swirling around him and the florida highway patrol turned away three times, that has a lot of people even more curious. woods' efforts to maintain his privacy are legendary. >> tiger woods doesn't have to talk.
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there's one thing that florida highway patrol does extremely well, it's called accident reconstruction. >> under florida law, under our constitution, tiger woods doesn't have to tell us anything. >> everybody wants to know, all right, what happened? what does tiger woods have to tell us? >> he was backing out of his driveway and hit a fire hydrant and subsequently hit a tree. and this was in his escalade. and as such, you know, suffered some injuries. >> what happened? what's wrong? i have a neighbor, he hit the tree. we came out here to see and he is laying down. >> there was an auto accident? >> yes. >> every time you stonewall the cops three days in a row, you look like you're hiding something or looking like you're guilty of something terrible. >> tiger woods is probably the ultimate control freak. you don't have a game, you don't base your entire life -- the guy's going to turn 34 on
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december 30th. his entire life basically, you know, this is on the -- he's on television at 3 years old hitting golf balls. he's won 71 professional tournaments. 14 major championships. everything about his life is selfishly, he would sort of say, controlled so he can do and dominate his sport to the best of his ability. this is not beyond his control. so what does it do? it just adds one more layer of complexity to the situation that he really does not want. >> back to maxine page, maxine? >> yes. >> the likelihood of this incident occurring the same day as the "enquirer" hits the stands. in new york, the "enquirer" can hit the stands on thursday, thanksgiving, then it gets to the rest of the country, friday, saturday, sunday, monday, sometimes later. but i believe it's on the front page of the "enquirer" about an alleged affair between tiger
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woods and a hostess -- i don't know, what is a hostess for a nightclub? whatever. that alleged affair, which the lady denies and woods denies, hits the stands that day. in a couple of hours, smash-up, and wife runs out of the house, or comes out in a golf cart, armed with a golf club. thoughts? >> it's a big coincidence. we've got reporting that they had a heated argument over this woman and over the affair. and that he told her that she totally spoiled their thanksgiving before running out of the house. >> of course, nobody can know what went on inside that house. it can't possibly be confirmed unless either he or she told people. but, you know, it hits that day. and this happens that night. maxine page, isn't the woman denying the affair, the hostess at the nightclub? >> she has denied it.
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she's come out and denied it, but there's a lot of inconsistencies in her story. >> okay. we're taking your calls. beverly, ohio, hi, beverly. >> caller: hello, friend, how are you? >> hi, dear. i want to put it on the record again, i'm a woods fan. i can't play golf. i don't have the time to spend it on the golf course and take care of the twins. but the reality is, this guy is a genius, and he's chosen to keep this private. so that's his decision. what's your question, beverly? >> caller: i want to say this, first. you are a saint. >> i am so not a saint. >> caller: yes, you are. >> but bless you for saying that. thank you. >> caller: what i wanted to say is, so what? people aren't stupid. we know what tiger woods did. but if he wants to say that, that's his business. he's the one with the busted lip. and ask me, did his wife go to the hospital? no. >> beverly, let me ask you this, beverly in ohio.
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you think if you ran over -- what's he doing in a cadillac anyway? isn't he supposed to be in a buick? >> caller: i would probably be in jail. if i had my shorts and my t-shirt on and shoes off in a cadillac, ran up against a tree of a neighbor's -- >> and a fire hydrant. >> caller: and a fire hydrant, i would probably be in jail. >> they would read you your rights, they would put handcuffs on you for striking a fixed object and wanting to know what the hay were you doing out at 2:30 in the morning up in somebody's yard, whatever it is. beverly in ohio, point well taken. out to alabama. how are you? >> caller: hi, how are you, miss nancy? >> i'm good. what's your question, dear? >> caller: i wanted to know, is it against the law that he's not making a statement to the police, that he hit a hydrant, and hit a tree? >> well, if he is accused of wrongdoing, even in a traffic offense, you don't have to speak to police.
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you know, it goes from traffic offense all the way to first-degree murder. when cops are suspicious you did something wrong, the constitution protects you. you don't have to talk to police. and if he is a victim of some wrongdoing, victims also don't have to make a police report. let's go back to the lawyers. eleanor odom, peter odom, lauren lake, what about it, lauren? >> well, he doesn't have to talk. and that's what people don't understand, legally he is within his rights to just remain silent. and his lawyers are probably advising him to do that as well. there's nothing to say. i had an accident two doors down from my house. that's it. >> out to a specialist in her field, marvette britto, she is
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the p.r. and brand strategist, president of the britto agency. she's joining us from new york. marvette, i need a little help. if he just flipped the curve and hit a fire hydrant and a tree, why is he saying in this press release, which i've got in my hand that he's so embarrassed? embarrassed of what? what's embarrassing? >> you know, nancy, tiger's being brilliant tiger. and tiger's protecting his brand. tiger's going to speak once. we know him to be a fiercely private man. he has a very public career but he leads a very private life. so he is giving you one statement, and tiger, chances are, he's not going to speak any more about it at all. that's all he said, nancy. >> marvette? >> uh-huh? >> do you read the "enquirer"? >> i don't read the "enquirer," nancy. >> let me just give you a news flash. it isn't private anymore. allegations of an affair, true or false, are on the front page of the leading tabloid in the country. >> right. >> so, you know -- >> but it doesn't mean tiger has to play into -- >> no. >> he doesn't have to play into the world's wanting to know what
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is going on in his house. he's choosing to handle this in a private way. you have to respect him for that. >> hey, hold on. i don't care what happened in his house. what i care about is why he's not charged with striking a fixed object, and why, according to maxine page with radar online the wife gave a very conflicting statement about how she ended up beating out the windows of the back of his suv when it hits the newsstands that day about an affair. okay? i want to know why i would get charged, and a guy that i have followed for years isn't getting charged. i don't care if i like him or don't like him. i don't care if he's the greatest golf phenomenon that ever existed. i care about why he apparently is getting treated differently than everybody else driving the streets of this country. you got a thought on that, marvette? >> yes, i've got a thought on that, nancy. i think if i hit a pole or you hit it, we wouldn't be talking about it today. we're only talking about this because it's tiger woods. he has a right to handle this in the way that he has chosen to handle it. that is privately. >> marvette, may i please see
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miss britto's face? marvette, i know your specialty is p.r. my specialty is the u.s. constitution. and under the u.s. constitution, miss britto, everyone is treated equally. i want to go to dr. janet taylor, psychiatrist and medical doctor. dr. taylor, what do you make of his alleged injuries? >> well, i mean, clearly it seemed like there wasn't enough force to sustain the injuries that he had. with that being said, he was going in and out of consciousness, reportedly lost consciousness for a few minutes. so he had some head trauma from something. >> they made the cardinal sin of letting the press infatuation with the scandalous aspect of this to dominate the coverage. and they didn't even try to cut their losses until yesterday when they put out a statement,
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and the statement added more confusion to an already confusing situation. i think they're listening to lawyers and agents, not listening to people that have ever dealt with the media.
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members of the shaniya davis task force received confirmation from the state medical examiner's office on the manner of the death of shaniya davis as a homicide. >> you're charged with first-degree murder. >> you engaged in human trafficking with a child as the
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victim. >> they've already alleged, and they've got sufficient evidence, that she did the unimaginable. something that's arguably evil, to take your own child and prostitute your child out. >> she's clearly a sociopath. we don't really know, there's been questions of drug use and so forth, but i mean, this crime is horrific. >> antoinette davis and mario mcneill have been together. they've hung out together. there may have been a debt that needed to be paid. we are understanding that she may have owed him money. >> i feel robbed, and i feel shaniya was robbed. >> do you regret the decision? have you sat there and gone, gee, if i had only realized this or that in terms of a red flag? >> i do. but, you know, we obviously make decisions in life that sometimes have repercussions or adverse situations. >> everyone, joining me live
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here on our set, is our very special guest, shaniya's father is with us. brad lockhart joining us tonight in a primetime exclusive. he's also taking your calls. also with him, his attorney, mike freed, renowned attorney in the jacksonville, florida, area. mr. lockhart, thank you for being with us. >> you're welcome. >> you know, i've watched you so many times over and over and over. i've seen you upset. i've seen you crying. i've seen you angry. what stage are you at now? >> i'm still filtering through it. i don't exactly know where i'm at mentally or physically. at moments i'm feeling strong. at moments, i'm feeling weak. there's times i feel vulnerable. but i know there's a lot of people depending on me, not only the people that attended shaniya's funeral or reached out to me, but children out there are needing a voice. and i think i need to be that voice.
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>> mr. lockhart, they really do. they need your voice. and that is something that you can latch onto, something to make you strong. i remember when my fiance was murdered. i was -- i can hardly remember the scenario around it, but i knew that i had to represent crime victims. and it changed my whole life. what is your most vivid memory of shaniya? >> i used to sit in my recliner all the time and flip through the channel, and shaniya would always come to the left side of it and just put her hands on the top of the recliner and look over my shoulder and give me a kiss and jump on my lap and tell me she loved me, and lay there for a while until it was time to go play with her barbies or something else of interest came across her. >> what was her favorite things to do? >> she liked to color. she was a typical little girl.
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she had a little tomboy in her. so she was learning how to ride her scooter. running into the cars, of course, scratching them up. just real energetic. she loved to play dress-up and play with her barbie and have girl time. she's real welcoming to women, not as welcoming to men of course. >> my daughter is the same exact way. of course, lucy's only 2. when you look back on what's happened the last few weeks in your life, does it even seem real? >> it hasn't set in. it seems so unreal. >> have you even been able to bring yourself, mr. lockhart, to think about punishment for the man that killed your daughter, and your former girlfriend who police say are responsible for handing her over for sex? 5 years old?
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>> i've -- it's crossed my mind. however, my faith in the lord, and i've always had limited faith in the justice system. >> well, i can understand that. >> however, you know, the police have been working very diligently. i've met with most of the team. >> they really have. >> and they've put a lot of man hours into this. >> i think they cared so much about this indication, and it struck me, mr. lockhart, that they all had to have grief counseling when shaniya's little body was found. they were so involved in trying to find your girl. >> they worked very hard. and they're still working hard. >> this is what i don't understand. and maybe they've told you, they certainly haven't told me, although i've asked. why isn't the mother charged with felony murder? i mean, according to police, she handed your baby girl, beautiful, 5 years old, shaniya, for sex, to prostitute her out,
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a 5-year-old girl for sex. she handed her over. that's a felony. and a death occurred. a death occurred. that is textbook felony murder. have police or prosecutors said anything about charging the mother? >> they haven't told me anything at this time. the only thing they have told me is they're continuing the investigation. you know, they're kind of tight-lipped on some areas, which i understand that they have to. and nothing needs to leak out, because then there's the possibility they're walking out on some loophole or something. we don't want that to happen. so i'm just -- >> here's the reality, mr. lockhart. if it were to leak about which direction your case was going, i'm not asking you to blurt it out on the air, the worst thing that could happen is a change of venue, which the defense is going to ask for anyway. you know, of course, there's a chance some kind of
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prosecutorial misconduct charge. but i don't think that would happen. everyone, with me is a very special guest, mr. brad lockhart. this is shaniya's father. her biological father that loved her so very dearly. very quickly, matt zarrell, what's happening with the mother >> she has been moved to a women's correctional facility in raleigh. she is being held there to keep her safe from herself and others. we don't know if she has been directly threatened but they are concerned because of her pregnancy. >> back to mr. lockhart, do you dream about shaniya? do you think about her all during the day? >> all the time. she is part of the reason i'm staying so strong and reaching out to the lord and reaching out to shaniya, to ba voice for her. i have spoken out to some
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groups, stop child trafficking now. >> we are going to publicize his mission. happy 86th to doris. surrounded by eight grandchildren. happy birthday, beautiful doris.
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